2021 Independent Panel Report Response

That the various Codes of Conduct and the Member Protection Policy be amalgamated and then divided into sections with a clear delineation of the coverage, including:

1. single clear title – the Code of Conduct,
2. the position or title of the persons covered by the general provisions such as currently set out in clause 5.4 of the Member Protection Policy,
3. the rights and responsibilities imposed through the Code of Conduct on the conduct, performance and behaviour of all persons covered,
4. the specific provisions where further rights and responsibilities are imposed with clear indication of when and where they arise for specific nominated positions, such as clause 4 of the Swimmer & Team Member Code of Conduct,
5. the rights and responsibilities for bystanders who observe a breach of the Code of Conduct,
6. the complaint process and procedures,
7. the disciplinary process,
8. the range of potential outcomes.

Discussion:

The Integrity policies of Swimming Australia and their format will now be determined by Sport Integrity Australia’s National Integrity Framework (NIF) or supplementary documents, including a Code of Conduct.

The NIF has been adopted by the Swimming Australia Board for implementation on 15 June 2022.  Supplementary policies and Codes should come into effect at or around the same date.

It is the intent of Swimming Australia to clearly displayed section on its website where people can access the various policies and codes, complete with information on how they complement each other and when each applies. There will also be a simplified “who to call” section making it easy for anyone to understand what to do if they have a concern or a complaint.

Status:

Complete

That Swimming Australia staff employment agreements are amended to ensure confidentiality for swimmers are maintained.

1. Conversations and disclosures made by swimmers to SA staff members who are bound by professional registration and practice standards such as any allied health practitioner, remain confidential in line with regulations and expectations whereby the practitioner cannot disclose confidential information unless there is an immediate and specific risk of harm to the swimmer or other identifiable person/s. This includes medical records, or data kept by the practitioner (commonly referred to as “support staff” by Swimming Australia) or by Swimming Australia.
2. All other Swimming Australia staff, by way of their employment agreement, should be bound by the same standards of confidentiality and disclosure as above mentioned professional standards.
3. Any disclosure of confidential information, unless under circumstances permitted by professional standards such as addressing an immediate and specified risk of harm, should be considered a direct breach of their employment contract.

Discussion:

These clauses are already in place in staff agreements.  Further, Swimming Australia staff and contractors are bound by the same integrity policies as members.

Status:

Complete

That Swimming Australia review, update and maintain their policy regarding the storage and ownership of information relating to swimmer health and performance, including testing results, biometric information and performance data. This policy should be readily available on the SA website, and shared with swimmers.

Status:

Complete

That clause 15 of the Swimmer Agreement is amended to ensure that:

1. When seeking access to health files or other information shared with medical and support staff and when such information being sought is considered confidential, Swimming Australia should:
   1. Provide written notice to the swimmer, detailing the reason they are seek access to medical files, including the specific concern they are seeking information on, as well as the provider they will contact.
   2. Where access is agreed to by the swimmer, the swimmer will sign an authority to proceed with such information gathering.
   3. Provide for swimmers to reasonably refuse such a request.
   4. Allow for swimmers to provide permission in a limited form, for example, by specifying who will have access to the information or for how long the information can be stored.
   5. With each request for access to information, Swimming Australia should provide the following information to the swimmer:
   6. A proposed list of people who will have direct access to the information, including names and positions in the organisation, and a short explanation of the reason for that access
2. Where the information will be stored and who will have direct access to those files.
3. The length of time the information will be stored for.
4. Permission to access such information should be done on a case by case basis, with each request for access to be treated as a new request for the medical information.

Discussion:

Swimming Australia has added the concept and definition of “informed consent” to a number of documents including in relation to body composition assessment.  Data governance is being progressed with the Australian Institute of Sport and is covered by Swimming Australia data governance policies and AIS AMS rights.

While the Swimmer Agreement has been updated and therefore this recommendation is complete, Swimming Australia continues to ensure best practice is adopted with respect to gathering of informed consent and control of / access to data.  Updates to systems allowing for more automated withdrawal of consent are also being explored.

Status:

Complete

That the process of the collection of Swimmer Agreements is amended so that:

1. Swimmers receive their agreement with their name printed on the document, including on the front page, as well as the execution pages.
2. There is a seven day period within which the swimmer can review and properly consider the agreement before executing and returning.
3. Swimming Australia provide a mechanism for swimmers to seek clarification and further understanding

Discussion:

This process is being implemented with the revised Swimmer Agreement.  Swimmers will be able to contact either Swimming Australia or the ASA in order to seek clarification.

Status:

Complete

That the re-accreditation process for coaches be revised to an annual requirement.

Discussion:

Accreditation is managed in a dynamic and real time environment through Swim Central.  It is invalidated as soon as any compulsory requirement such as Working With Children becomes due.  Therefore, from the compliance perspective which this recommendation comes, Swimming Australia coaching accreditation is operating more successfully than introducing an annual requirement to review each accreditation, which would be administratively burdensome for no advantage.  Therefore, this recommendation is considered complete.

Swimming Australia is currently reviewing the Continuing Professional Development requirements of accreditation and will add these to the “real time” accreditation model once there is a system in place for monitoring completion of the variety of learning and development models available.

Swimming Australia will also continue to improve communication channels relating to accreditation lapses or invalidity, particularly with Member Organisations and essential stakeholders.

Status:

Complete

That as part of re-accreditation, all coaches must have current appropriate insurances, including a minimum of $5,000,000 for professional indemnity and $20,000,000 for public liability.

Discussion:

The levels were already in place. From 1 May 2024 all accredited coaches now have professional indemnity cover of $20m as well as public liability of $20m

Status:

Complete.

That the mandatory curriculum requirements for accreditation and re-accreditation be immediately reviewed by the education provider and then regularly reviewed on a 3-4 year cycle to ensure that all content is relevant, informed by the available evidence base and best practice guidelines, and has internal integrity and rigour.

Discussion:

Curriculum requirements for coaching accreditation are currently under review and have always been reviewed within the 3-4 year cycle.

Status:

Complete.

That the Coaching Courses provided by Swimming Australia be revised by the education provider to include additional content specific to:

1. Female specific health concerns, with content developed in consultation with or drawing on the resources provided by the AIS Female Performance Health Initiative, to address:
   1. Menstrual cycle and associated dysfunction including endometriosis and Polycystic ovary syndrome (PCOS), including the physical and psychosocial impacts of menstruation during training and competitions,
   2. Medical conditions impacting female athletes
   3. Adolescent development and body changes during puberty, including early warning signs of any issues that may develop during this stage of life, and
   4. Additional female health concerns including pelvic floor and breast heath, pregnancy and returning to sport, where relevant.
2. Comprehensive skills training in conducting respectful conversations regarding menstruation onset and managing menstruation during training and competitions, including when and how to involve parents, as well as general skills in conducting conversations from a place of understanding and empathy.
3. Physical and mental wellbeing issues that include:
   1. Replacing content that addresses the Female Athlete Triad with the new term endorsed by the IOC, Relative Energy Deficiency in Sport (RED- S), including education on the detection, diagnosis and management of RED-S,
   2. Challenging the misinformed view that lean body mass predicts performance,
   3. Including the directions from the AIS on Body Composition Assessment and Disordered Eating Early Identification and Prevention Policy, once this is adapted for its context by Swimming Australia,
   4. Training in using humanising and non-objectifying language in managing body image concerns.

Discussion:

That the Swimmer Welfare online learning module that is currently included as an Elective Unit within the Advanced and Performance Coaching Courses be expanded from its focus on ASADA regulations and anti-doping content to include physical and mental wellbeing. Further, this module should be a Core Unit for both the Advanced and Performance Coaching Courses

Discussion:

This unit has been made a mandatory requirement of the relevant coaching courses.  Content has been updated to the latest  Sport Integrity Australia Safe Sport learning module and are now live and being completed.

Status:

Complete

That specific enhancements are made by the education provider to the existing Coaching Courses that are run by Swimming Australia, including the addition of:

1. Interactive learning through videos and a broader range of case studies to reinforce theoretical content, addressing topics such as physical and mental wellbeing, puberty and menstruation,
2. assessment of body composition and transitioning out of swimming, to be co-designed and co-created with swimmers, parents, support staff and content experts.
3. Experiential learning activities (for example, the use of role plays and other methods of “learning by doing”) in the Advanced and Performance course workshops.
4. Practical assessments (for example, submission of audio or video recordings) to demonstrate knowledge, skills and development of core competencies, to supplement the written assessments and online quizzes.
5. Pre-determined topics for the Mentoring Connections in the Advanced and Performance Coaching Courses to include key issues such as managing puberty, assessing body composition, preventing disordered eating and developing skills in using understanding and empathy to engage in sensitive topics and potentially challenging conversations.
6. Setting a threshold for the minimum hours required for direct observation of the practical coaching hours, to be observed by the mentor or another appointed Performance Coach.
7. Amending the language in current coach education materials to be more inclusive and respectful towards women (for example, remove existing descriptions such as “large thighs” when describing the bodies of female swimmers.)
8. Integrating training on how to “be an ally” to increase the capacity of all coaching staff, but especially the male coaches, to understand the impacts of bullying and exclusion of female coaches and enhance opportunities for creating meaningful change for gender equity.

Discussion:

That all levels of coaches and support staff are required to complete the accredited Mental Health First Aid Training course provided by the organisation of Mental Health First Aid Australia to complement the requirements of (physical) First Aid and CPR training. This training should be completed by all current coaches and support staff as soon as practicable. The training should be a standard requirement of the Coaching Courses and part of the future on-boarding process for support staff employed by Swimming Australia from 2022 onwards.

Discussion:

Specific mental health and wellbeing training, developed in conjunction with the AIS, was conducted for all campaign staff travelling during 2022.  Moving forward, bespoke mental health training will be coordinated by the Athlete Wellbeing and Engagement team to ensure the training is provided to appropriated personnel and accessible each year.

Status:

Complete

That the impact and effectiveness of the Coaching Courses, as well as Swimming Australia’s guidelines and policies on the safety, wellbeing and experiences of swimmers be formally evaluated every two years by gathering quantitative (surveys) and qualitative (interviews and/or case studies) data from swimmers, parents and coaches, conducted by an independent research organisation.

Discussion:

Swimming Australia conducts formal evaluations of its coaching courses and is exploring cost-effective ways to validate the data and methodology externally.

Status:

In progress

Timeframe for completion:

Late 2023

That as a matter of urgency, Swimming Australia contextualises the AIS “Disordered Eating Early Identification and Prevention Guidelines/Policy Template for Sporting Organisations” for the purposes of the sport of swimming and integrates the expertise of relevant stakeholders, including current and former swimmers, parents of swimmers and allied health professionals with expertise in body image/satisfaction and disordered eating.

This framework will likely integrate the body of work Swimming Australia is currently undertaking in developing the Performing Physique Principles.

This guideline and policy should be implemented in 2022 and revised on an annual basis to ensure it remains evidence-informed and reflects the currently available best- practice principles. Revisions may also be required if and when the AIS updates its advice and relevant documents.

Discussion:

This guideline and policy have been completed and are being implemented.  Swimming Australia is also working with partners and stakeholders to ensure the system is adopting and implementing similar guidelines.

Status:

Complete

That Swimming Australia implements the Principles of Body Composition Assessment, as per the guidance from the AIS on “Body Composition Assessment”, with additional provisions of relevance to swimming, namely:

1. Establish an expectation across all levels of the swimming hierarchy that the underpinning philosophy to “do no harm” and ensure positive outcomes for the athlete is adhered to and accepted as part of standard practice.
2. Any body composition assessment must be justified and have a supporting rationale to conduct any body composition assessment that is documented and shared with the swimmer, their coaches and support staff.
3. Unjustified routine periodic screening must be avoided. Body composition assessment should be conducted at a maximum of twice per annum, unless there is a justified need (for example, monitoring recovery from injury).
4. Swimmers should be empowered to have ownership over body composition assessment, by being provided with choice and decision making capacity and personal control of how their body is being assessed. The swimmer can choose their preferred method for assessment and how the data will be used, without consequence.
5. Compulsory assessments and group settings should be avoided. Each swimmer should be treated as an individual. Swimmers can decide to opt out of body composition assessments. All assessments should be conducted privately and confidentially.
6. Potential risks and benefits of assessment are identified and considered for each and every individual swimmer. This may require consideration of relevant information from the swimmer’s personal physical and mental health history and specific factors that place them at increased risk for the development of disordered eating or eating disorders.
7. Considerations are made to ensure that all swimmers and their bodies are treated with due respect
8. Body composition data is considered as sensitive and confidential information and should not be disclosed by the assessor without the permission of the swimmer.

Discussion:

Swimming Australia does not mandate or require body composition assessment, other than co-branded research projects it is a partner to (eg H2Grow).  For these projects, data is collected under research ethics approval.

The Swimming Australia Disordered Eating Prevention and Management Guideline and Best Practice Principles have now been adopted and published and address this recommendation.

Swimming Australia’s position is that data should be collected and stored in the AIS Athlete Management System (AMS) database or other clinical notes programs. Only appropriately qualified and accredited professionals can access this information in line with their roles, in line with the AIS’ Privacy Policy and processes.

Status:

Complete

That when finalising its “Performance Physique Principles” framework, Swimming Australia carefully considers the language used. The term “physique” has meaning and consequences, including over-valuing body shape and size in terms of its impact on performance. It is therefore recommended that Swimming Australia remove the term “physique” from this set of Principles and ensure that additional relevant factors that influence performance, such as sleep quality, nutrition to care for and fuel the body, healthy relationships and maintaining connections, education and employment, and stress management, are emphasised. A new term to replace “physique” and to encapsulate performance language could be mutually decided upon with swimmers.

Discussion:

Swimming Australia has considered this recommendation at length and in great detail, particularly considering the use of any other word to describe shape, proportionality, composition, and morphology, such as “build”, “body”, “form” or “figure”, is likely to result in the same concerns.

Therefore, Swimming Australia is addressing this recommendation from a health campaign naming perspective and engaging with athletes to understand their ideas.  Swimming Australia promotes the concept that a “performing swimmer” (or similar term) can be any shape, size or composition and is achieved through positive, purposeful processes that deliver performance (whatever that means for the individual swimmer).  It is definitely more than just the composition of the body and includes the concepts outlined in this recommendation.  Swimming Australia will continue to work on how language and culture can be used to shift the focus from overvaluing body shape and size to emphasising individual healthy practice for performance.

The framework is now titled “Performing in Lycra”.

Status:

Complete

That Swimming Australia preferences DEXA scans as the measure of body composition over body mass weighing (scales).

Discussion:

The specificity of this recommendation has presented challenges for Swimming Australia, as use of DEXA scans can also be highly problematic.  They are irradiating and, in some states, only available through a doctor’s referral.  Additionally, poor biological control leads to large variations in body composition measures which can have significant wellbeing issues.

Swimming Australia therefore recommends use of body composition assessments be carefully considered to choose the best method to suit the requirements of each unique assessment.  This should take into account swimmer consent, availability, affordability, accuracy, reliability, and validity of the technique.   This is set out in the AIS and NIN best practice principles which Swimming Australia endorses.

Status:

Complete

That Swimming Australia demonstrates clear leadership in relation to industry practice by not using or permitting the use of surface anthropometry, specifically skin folds, as a measure of body composition at any stage of a swimmer’s career

Discussion:

Swimming Australia acknowledges the assessment of skinfolds can be extremely confronting and harmful for certain swimmers, especially when done at the wrong time in the swimmers’ development (chronological, maturation and swimmer achievement stage), without consideration for the environment, when informed consent is not provided or when there is not a clear and agreed purpose. Skinfold assessments are not mandated by Swimming Australia, nor are they a requirement in any Swimming Australia testing, with body composition assessment (including skinfolds) as an activity not recommended for athletes under the age of 18.

Swimming Australia works with the Australia Institute of Sport (as per recommendation #15) and the National Institute Network (NIN) who manage to deliver these services on the sports behalf. Over the past five years we have worked with partners to research and implement a number of programs and resources, including the Disordered Eating Prevention and Management Guidelines and accompanying Language and Environment Guide and the Body Empowerment program to better equip all in our system including our NIN partners in their delivery of these services to our athletes.

Status:

Complete

That a pathway for reporting breaches of the guidelines or policies for “Disordered Eating Early Identification and Prevention” be established and coaches or support staff found in breach of the guidelines be subjected to a penalty, including being mandated to complete professional development in the assessment of body composition.

Status:

Complete

That Swimming Australia issues a public statement to acknowledge that the practice of assessing body composition is harmful to swimmers.

Discussion:

Swimming Australia has issued its Disordered Eating Prevention and Management Guideline and Best Practice Principles which acknowledges the risks associated with body composition assessment and establishes protocols to minimise these risks.

Status: 

Complete

That Swimming Australia articulate its values as an organisation, to be promoted on its website and via social media, including:

1. Embedding a holistic approach to managing swimmers’ success, that values wellbeing as equally as important as performance,
2. Committing to workplace conditions that do not accept or tolerate bullying, exclusion, harassment, belittling or humiliation of colleagues, especially women coaches and support staff and no longer condoning any identified inappropriate conduct or behaviour of coaches with continued appointment in senior roles, and
3. Establishing organisational strategies to enhance the leadership and pathway development opportunities for women, including addressing workplace conditions by promoting job sharing arrangements, providing domestic assistance as part of salary packaging and other strategies that will complement the existing micro-level or individual training offered to women to advance their careers in swimming.

Status:

In progress

Timeframe for completion:

Late 2023

That Swimming Australia develops a process to properly address SA integrity concerns and swimmer complaints which are ventilated in any public forum such as social media, in a meaningful way which maintains the integrity of the complaints system, provides confidence in the transparency of the organisation and acknowledges the complainant’s right to lodge an individual complaint.

Discussion:

With the adoption of the National Integrity Framework (NIF), all integrity concerns and swimmer complaints, regardless of how they arise, will in the first instance be referred to on a confidential basis to Sport Integrity Australia for assessment.

Status:

Complete

That when selecting coaching and support staff for teams, Swimming Australia do so in reference to a selection matrix which weighs knowledge of skills with a “character test”. This should be done using information provided by the SA integrity unit, including:

1. Active complaint information,
2. Previous complaint information including reasoned outcome summary, and
3. Any information otherwise held by SA regarding conduct.

Discussion:

This recommendation has been fully implemented and the selection criteria updated accordingly.

Status:

Complete.

That Swimming Australia show cultural leadership by prioritising behavioural standards over a coach’s performance standards. The athletes’ welfare must be the primary driver for coach selection.

Discussion:

The coach selection criteria has been updated to implement and reflect this recommendation.

Status:

Complete.

That Swimming Australia mandate the completion of unconscious bias training for all Board members, executive staff, and staff within the high performance unit, and for unconscious bias training to be included as standard on-boarding procedures for all new staff.

Discussion:

Initial training has been completed and an ongoing refresher will be built into learning and development schedules on a regular basis.

Status:

Complete

That Swimming Australia establish quotas for female representation amongst Advanced and Performance coaches to enhance the leadership and pathway development training opportunities. Best practices examples from World Rugby and AFLW can be used to model SA’s policies

Discussion:

The long-term development of female coaches within the performance pathway and our high performance environments is a key focus for Swimming Australia to increase the number of female coaches on representative teams.

Work is under way to understand the barriers to female representation amongst these cohorts to help design best practice programs and appropriate measures – with AIS support.

Female coaches have been selected on every Dolphin team – at all levels since Tokyo. Like athletes selected for 2024, coaches are selected against criteria.

SA has put in place, and will continue to implement,  a number of key processes to ensure female coaches are exposed to appropriate levels of BME experience prior to an Olympic and Paralympic games.

Status:

In progress

Timeline for completion:

Ongoing

That Swimming Australia commits to never again selecting an all-male team for national and international competitions and ensures that a minimum number of women coaches are included – no less than two women when four or more coaches are selected and at least one woman where there are three or less coaches selected.

Update:

The long term development of female coaches within the performance pathway and our high performance environments is a key focus for Swimming Australia to increase the number of female coaches on pool deck. To address this recommendation the Board of Swimming Australia considering feedback from High performance swimmers and campaigns has decided not to mandate quotas of female coaches on team but to ensure more female coaches have opportunities at the most senior level of our sport to demonstrate they are capable of performing at the highest level.

We are committed to continuing to provide opportunity to exposing and developing female coaches in high performance competition environments. In environments where opportunities are restricted by capacity and accreditations, we will apply our coaches selection criteria as intended based on hierarchy of performance Credibility, Currency, Capability, Capacity  as outlined in our Coach selection criteria. In our campaign (Olympic, Paralympic, Youth)  environments we strive for increasing diversity over the next two Olympic cycles rather than imposing quotas to achieve it within one shortened cycle.

Status:

Complete

That Swimming Australia establish a taskforce to promote gender equality and appoint an experienced leader external to SA to lead the taskforce. The taskforce will be responsible for investigating and implementing the required changes to policies and practices to advance leadership opportunities for women as coaches, officials, administrators and executives. In addition, the taskforce will be responsible for implementing policies and practices, as well as monitoring the impact of the professional development, education and training courses for coaches’ accreditation on the physical and mental wellbeing of girls and women athletes in the sport of swimming, from club-level through to high performance. Established immediately, the taskforce should conduct its work until the conclusion of the 2024 Olympic cycle. At this time, an independent review can determine if the taskforce continues or concludes. Data from the survey in Recommendation #12 could be used to inform this decision.

Discussion:

Working with the Australian Sports Commission, a taskforce has been established to take a whole of sport approach to promote gender equality at every level of sport.  Swimming Australia, in partnership with the Australian Sports Commission, intends to pilot a new program implementing practices to advance leadership opportunities for women as coaches, officials, administrators and executives.

The Women Leaders in Sport program is conducting equity audit, providing implementation support for an action plan on inclusive and equitable workplaces, and a workshop.

Swimming Australia will monitor the impact of the professional development, education and training courses for coaches’ accreditation on the physical and mental wellbeing of girls and women athletes in the sport of swimming, from grassroots to the elite level.

Status:

Complete

Timeframe:

Ongoing.

That Performance Coaches who are mentoring other coaches in the Advanced or Performance Coaching Courses be required to engage in professional development activities or formal mentoring themselves, provided by former athletes with appropriate qualifications in health, wellbeing or management and/or mental health clinicians without sports expertise (e.g., developmental, educational or clinical psychologist). This mentoring should not be provided by former coaches who lack the formal qualifications to do so.

Discussion:

This mentoring opportunity now exists through the Coach Mentoring Program which Swimming Australia runs jointly with the Australian Sports Commission.

Status:

Complete

That Swimming Australia demonstrates its commitment to cultural change by organising and holding an online thought leadership forum on an annual basis, to critically examine theoretical and practical content of relevance to advancing the integrity of swimming, supporting female coach development, and the physical and mental wellbeing of all those involved in the sport

Discussion:

Swimming Australia conducted its inaugural in-person thought leadership forum, SwimCON, in August 2022.

Status:

Complete

That Swimming Australia demonstrate its knowledge and leadership by delivering online seminars, twice per annum, for Development coaches, swim club staff, swimming officials, and parents, addressing topics that are key topics such as the physical health and mental wellbeing of swimmers, focusing on women and girls, parental and swimmer expectations and behaviours, and respectful conversations.

Discussion:

Swimming Australia has worked with a number of Member Organisations to encourage delivery of consistent learning opportunities for the cohort outlined in this recommendation, who are the core membership of those bodies.  This type of webinar series is being successfully delivered by a number of those Organisations, and support is available to all.

Status:

Complete

That public information campaigns be redesigned, where they are sensitive and responsive to the audience they are seeking to reach. Such material can usefully be co-designed with the focus group, such as children and young people.

Discussion:

Swimming Australia commits to designing any public information campaigns (none currently underway) to be sensitive and responsive to the audience they are seeking to reach, and this forms part of the work undertaken by the leading marketing and communications agency engaged by Swimming Australia.  Key audience data is considered as part of any marketing and information campaigns with messaging and outcomes tailored for those audiences.

Work and co-design will also occur with Members and stakeholders as appropriate.

Status:

Complete

That Swimming Australia and all other Member Organisations where complaints are referred conducts and publishes an annual report on complaint data and information in an anonymised form with the minimal information of:

1. the number of complaints lodged,
2. number pursued or withdrawn,
3. processes undertaken such as independent investigation or a hearing tribunal,
4. outcomes for the respondent and, if appropriate, the complainant,
5. anonymised case studies of the content of a complaint, process followed and outcome presented in one or two paragraphs,
6. such information to be on the SA website and updated annually.

Discussion:

Status:

Ongoing and ready for end of 2024 reporting

That a document, preferably one page in length and no more than two pages, be published on the SA website and in other appropriate forum and places that sets out the coverage of the various code of conduct and related policies by area and the place where they can be located.

Discussion:

A clear and concise summary of the various codes and policies have been made available as part of the Swimming Australia website redevelopment and includes links to the National Integrity Framework and other relevant documents.

Status:

Complete

That the Board conduct a review of the policies and procedures which cover the role and function of Board members in that role to formulate new policies which meet acceptable NFP and NSO governance standards.

Status:

Complete

That all codes of conduct and related policies have a review mechanism to be conducted through an independent process on a regular ongoing basis to ensure that these policies continue to be fit for purpose and represent best practice in the NSO and NFP sectors.

Discussion:

Swimming Australia has adopted the National Integrity Framework and supplementary documents including a Code of Conduct.  These policies are reviewed in line with Sport Integrity Australia and National Sports Tribunal requirements, ensuring they continue to meet best practice.

Status:

Completed.

That Swimming Australia commission an independent review of its duty of care obligations including of the Board and staff, and specifically coaches, to ensure that their standard of conduct meets good governance requirements and community expectations.

Status:

In progress

Timeframe for completion:

Late 2023

That Swimming Australia develop a policy that provides it has the power to initiate a review of a staff member or an accredited coach when they become aware of any conduct or behaviour issues which may indicate a breach of the Code of Conduct or related policies without the necessity of a formal complaint being made.

Discussion:

This recommendation must be balanced with legal requirements in both integrity and HR polices for natural justice and right of reply.  SAL has implemented as many powers to review behaviours as are legally appropriate and defensible.

Status:

Complete

That when Swimming Australia is hiring staff, including casual or contract based staff, that they consider information provided by the SA integrity unit, including:

1. active complaint information,
2. previous complaint information including reasoned outcome summary, and
3. any information otherwise held by SA regarding conduct.

Status:

Complete

That the Board of Swimming Australia adopt a whistle-blower policy with an appropriate contact point such as a hotline telephone service, consistent with the terms of the Regulatory Guide on Whistleblower Policies, RG 270, of ASIC.

Discussion:

Adopted on 16 February 2023.

Status:

Complete

That Swimming Australia provides sufficient long term funding to the Australian Swimmers Association (ASA) in order to enhance ASA capabilities to provide athletes enhanced representation and advocacy by the following measures:

1. A modernised website and social media presence to be user friendly and visible to swimmers and to include access to information on available complaint mechanisms and processes, areas that are covered by a code of conduct and other relevant policies and possible outcomes for both the complainant and the respondent.
2. ASA to provide a support person to attend interviews with a Swimming Australia integrity unit staff member or independent investigator appointed by SA.
3. ASA to facilitate access to independent legal advice and services through identified preferred providers, fee supplementation or other means.
4. Broadening membership eligibility of ASA to all swimmers who are members of Swimming Australia or a Member Organisation of Swimming Australia.
5. A continuation and enhancement of the Beyond the Black Line program by way of increased events, face to face or online, and increased content output to inform and support swimmers.
6. SA to work with the ASA to build a sustainable funding program which may include membership fees or commercial revenue share.
7. ASA to have input and involvement in any SA review of existing processes and policies from this Inquiry or otherwise
8. ASA to be represented in commercial conversations which directly or indirectly impact the swimmers, including those relating to direct swimmer funding, broadcast rights and broader SA sponsorship.

Discussion:

An MOU has been executed between Swimming Australia and the ASA providing funding and agreeing to appropriate responsibilities and cooperation.

Status:

Complete

That Swimming Australia conduct an audit of current Board members through a skills matrix to ensure that the broad range of skills necessary for a modern, effective and responsive Board are present and to identify any gaps in required or necessary governance skills and then develop a strategy to fill those identified gaps.

Discussion:

This recommendation has been fully implemented.

Status:

Complete.

That Swimming Australia conduct an audit of its operations to develop a strategy which addresses the fundamental and entrenched conflicts of interest that are present from the federated model and develop a consultation process to reform the SA Constitution so that Board membership is an open process and not confined solely to members of Member Organisations.

Discussion:

Swimming Australia’s voting members adopted an updated Constitution at a Special General Meeting on 20 October 2023. The new Swimming Australia Constitution includes a range of reforms to create a more stable operating environment and better outcomes across all levels of the sport.

Status: 

Complete

That Swimming Australia form an implementation subcommittee of the Board to address the recommendations of this Report by formulating an implementation action plan, with identified key performance indicators, timelines and milestones.

Using an established implementation framework such as the behaviour change wheel may assist in this process.⁹¹ This evidence based framework addresses factors required to change behaviours, namely capability, opportunity and motivation. Supporting this ”hub” of behaviour change are nine intervention functions that aim to address deficits in one or more of capability, opportunity or motivation. Interventions can include education and training, modelling or incentives, as examples. Surrounding this are the policies and procedures that enable the interventions to take place, including guidelines and regulations. Applying the behaviour change wheel method for the purposes of advancing the sport of swimming would assist in developing the implementation action plan.

Discussion:

The Implementation Steering Group was formed in February and has met on a fortnightly basis in the time since.

Status:

Complete.

A Board member be delegated the responsibility to deliver the implementation action plan and to report to the Board at each Board meeting and to report publicly on progress as and when appropriate.

Discussion:

Dr Michelle Gallen has been delegated this responsibility as Chair of the Implementation Steering Group

Status:

Complete.

That the Board of Swimming Australia should strongly consider publicly releasing this Report in full and with all recommendations as soon as practical.

Discussion:

The Board considered public release of the report as advised, however decided against release due to the significant risk to the confidentiality of those people who had provided input to the Panel.

Status:

Complete.